More MPs lose seats, ordered to pay millions

Former Embakasi East MP Babu Owino seats at a Milimani court Nairobi during the judgement of his election petition lodged by Francis Mureithi 2/3/2018. [George Njunge / Standard].
At least three governors and five Members of Parliament have lost their seats following petitions lodged by competitors in various courts.

Among the biggest losers is Embakasi East MP Babu Owino whose election was nullified by the High Court in Nairobi yesterday. While delivering the judgement, Justice Joseph Sergon said the election was marred with irregularities.
The judge further directed Mr Owino to pay Sh2.5 million to the petitioner Francis Mureithi and the other Sh2.5 million to the Independent Electoral and Boundaries Commission (IEBC).
The court also nullified the election of Wajir West MP Ahmed Kolosh. Justice Francis Tuiyott said results from two polling stations, Qara and Korich, showed the votes cast exceeded the registered voters. He said the move was deliberate and the work of a criminal.

Drawing board
He ordered the electoral agency to pay the petitioner Sh1 million. The election was challenged by politician Ibrahim Sheikh.
In Lodwar, the election of Turkana County Woman Representative Joyce Emannikor was also nullified. Judge Daniel Ogembo also ordered that the petitioner Pauline Lokuruka, IEBC and IEBC coordinator George Oyugi be paid Sh4 million by the respondent.
While some elected leaders have been sent back to the drawing board, others luckily sailed through the court processes unscathed.
The High Court ruled that Kitui Governor Charity Ngilu was validly elected.

Justice Pauline Nyamweya said petitioner former governor Julius Malombe failed to table sufficient evidence to prove claims of irregularities in the election. The judge ordered Dr Malombe to pay Sh6 million in costs.
In Nairobi, former Embakasi South MP Irshad Sumra’s petition challenging the election of Julius Mawathe of Wiper Party was dismissed. Judge Grace Nzioka said Mawathe was validly elected.
Huge costs
Embakasi North MP James Gakuya is a happy man after it was declared he was validly elected. Justice Rachel Ng’etich dismissed the petition filed by ODM’s Jane Wangui. The judge ruled that even though there were irregularities in the election, both parties were affected by such. She directed Wangui to pay Sh2.5 million as costs of the petition.
In Mombasa, failure to avail agents to testify about election malpractices in the Likoni parliamentary seat saw the High Court dismiss a petition by Masoud Mwahima against Mishi Mboko.

The High Court in Malindi put the brakes on former Lamu Governor Issa Timamy’s bid to have the election of Governor Fahim Twaha nullified.
Delivering the judgment, Justice Dorah Chepkwony said Timamy had not proved beyond reasonable doubt his allegations.
Timamy was ordered to pay Sh12 million as costs. The same court dismissed a petition filed against Rabai MP William Kamoti citing lack of sufficient evidence. The petitioner was ordered to pay Sh3 million.
In his judgment, Justice Weldon Korir sitting in Malindi upheld the election of Kamoti saying he was validly elected as MP for Rabai constituency.
The judge ordered the petitioner Emmanuel Baraka Aron to pay the IEBC Sh. 1.5 million and the legislator Sh1.5 million respectively as costs for the petition.

Last laugh
Kamoti’s petition concludes the other petitions filed against the Governor of Kilifi Amason Kingi, Senator Stewart Madzayo, Women Rep Getrude Mbeyu and all the seven members of national assembly which were also dismissed.
In Kisii, the High Court dismissed a petition challenging the election of Silvanus Osoro as MP for South Mugirango. Justice Anthony Ndung’u ruled that Osoro was validly elected and ordered the two petitioners, who also contested for the seat Dennis Makori and Samson Bichanga to pay Sh5 million.
In Kakamega, Navakholo MP Emanuel Wangwe and Enock Kibunguchi (Ford-Kenya) had the last laugh after the High Court oupheld their victories. In Kabarnet, Judge Edward Muriithi upheld the election of Moses Lessonet as Eladma Ravine MP, dismissing a petition by former minister Musa Sirma.